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LEONARD OBENGO OBURA
V.
REPUBLIC

(2000) JELR 97675 (CA)

Court of Appeal 22 Mar 2000 Kenya
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- The appellant was convicted by the Resident Magistrate at Nyando under Section 33(d) of the Land Adjudication Act (Cap. 284) for unlawfully interfering with a demarcated land boundary (parcel No. 3564, Awasi Location, Kisumu District) by

Case Details

Suit Number:crim app 57 of 99
Judges:Samuel Elikana Ondari Bosire, Abdulrasul Ahmed Lakha, Bernard Chunga
Location:Kisumu
Other Citations:Leonard Obengo Obura v. Republic [2000] eKLR

JUDGMENT OF THE COURT

This appeal turns on parcel of land NO. 3564 at border adjudication section in Awasi Location of Kisumu District in Nyanza Province.

As a second appeal, it must be on matters of law only because facts ought to have been analysed and settled by the two courts below.

The charge against the appellant, on which he was tried and convicted by the resident magistrate, Nyando, was brought under the provisions of the Land Adjudication Act Chapter 284 of the Laws of Kenya. The statement of offence read as follows:

Interfering with demarcated land boundary contrary to section 33VI of the Land Adjudication Act Cap 284 L.O.K.

The particulars of the charge were in the following words:

"On the 17th day of January, 1997, at Awasi Location in Kisumu District within the Nyanza Province, without reasonable cause, unlawfully interfered with the demarcated boundary of Wilson Samo parcel NO. 3564 of border adjudication section by cutting down sisal plants used as a boundary."

The appellant w…

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